Jones v. State

136 S.W.3d 774, 355 Ark. 316, 2003 Ark. LEXIS 660
Supreme Court of Arkansas·Decided December 11, 2003·No. CR 03-401·Published·Cited by 10 cases

Opinion

Donald L. Corbin, Justice.

Appellant Tommy Wayne Jones entered a plea of guilty to the charge of rape in the Franklin County Circuit Court and was sentenced by a jury to forty years’ imprisonment. Appellant subsequently filed a motion for new trial, alleging that his plea was involuntary and that his trial counsel was ineffective. Following a hearing on the motion, the trial court entered an order finding that (1) Appellant’s guilty plea was not involuntary; (2) trial counsel was not ineffective because of a conflict of interests; and (3) trial counsel was not ineffective for failing to raise the defenses of mental disease or defect and mistake of age. Pursuant to Ark. Sup. Ct. R. 1 — 2(d), this appeal was certified to us from the Arkansas Court of Appeals as presenting an issue involving the practice of law. We find no error and affirm.

The record reflects that Appellant was charged in 1996 with the rape of a thirteen-year-old girl, who later gave birth to Appellant’s child. Appellant was initially represented by the Franklin County public defender, Craig Cook. Cook subsequently resigned, and William Pearson, public defender for nearby Johnson County, was appointed to represent Appellant. Prior to his trial, Appellant was evaluated to determine whether he was competent to stand trial and whether he was criminally responsible for the crime with which he was charged. His first evaluation occurred in February 1997, during which clinical psychologist Dr. Paul Deyoub concluded that Appellant was not competent to stand trial. He opined that Appéllant expressed irrational thoughts and that, although he understood the trial procedure in general, his ability to assist his attorney was impaired. Based on his conclusion, Dr. Deyoub recommended that Appellant be evaluated by the Arkansas State Hospital’s Forensic Unit.

Appellant was evaluated at the state hospital in March 1997. Forensic psychologist Dr. Michael Simon concluded that Appellant was competent to stand trial, that he was able to appreciate the criminality of his conduct and to conform his conduct to the requirements of the law, and that he had the capacity to form the culpable mental state required to commit the crime. In his report, Dr. Simon opined that the reason for the difference in the findings by bim and Dr. Deyoub was likely due to Appellant’s having been recently incarcerated immediately prior to being evaluated by Dr. Deyoub. Dr. Simon opined that some of Appellant’s statements that Dr. Deyoub viewed as irrational or delusional were commonly seen in competent defendants who are professing their innocence. It was thus Dr. Simon’s opinion that Appellant was suffering from an adjustment reaction to the stressful situation of incarceration, and that he suffered from an unspecified personality disorder.

Following the evaluation by the state hospital, Appellant’s case was set for trial. Prior to the trial date, Appellant fled to California, where he remained until May 1998, when he was caught and returned to Arkansas. Thereafter, Appellant was again evaluated by Dr. Deyoub. 1 This time, Dr. Deyoub concluded that although Appellant suffered from a schizotypal personality disorder, he met the minimum requirements of competency. Dr. Deyoub concurred with the state hospital’s conclusion that Appellant was competent to stand trial, that he had the capacity to appreciate the criminality of his conduct and to conform his conduct to the requirements of the law, and that he had the ability to form the necessary culpable mental state for the crime charged.

Appellant was tried before a Franklin County jury in August 1999. He was convicted of rape and sentenced to forty years’ imprisonment. His conviction was later reversed and remanded by the Arkansas Court of Appeals. See Jones v. State, 73 Ark. App. 432, 44 S.W.3d 765 (2001). Following that appellate decision, on January 23, 2002, one day prior to the scheduled date of his new trial, Appellant appeared with his attorney, Pearson, and entered a guilty plea to the charge of rape. However, he elected to have a jury determine his sentence. Thereafter, a sentencing trial was held resulting in the jury recommending a sentence of forty years’ imprisonment.

Following entry of the judgment and commitment order, Appellant obtained the services of new counsel and filed a motion for new trial, alleging that his plea was involuntary and that trial counsel was ineffective. A hearing was held on May 13, 2002, during which trial counsel and Appellant testified. On February 19, 2003, the trial court entered an order denying the motion for new trial, and this appeal followed. 2

The decision whether to grant or deny a motion for new trial lies within the sound discretion of the trial court. Smart v. State, 352 Ark. 522, 104 S.W.3d 386 (2003); State v. Cherry, 341 Ark. 924, 20 S.W.3d 354 (2000). We will not reverse a trial court’s order granting or denying a motion for a new trial unless there is a manifest abuse of discretion. Id. Moreover, we will not reverse a trial court’s factual determination on a motion for a new trial unless it is clearly erroneous, and the issue of witness credibility is for the trial judge to weigh and assess. Id. With this standard of review in mind, we turn to the issues raised on appeal.

For his first and second points, Appellant argues that the trial court erred in failing to find that an actual conflict of interest existed and that such conflict prejudicially interfered with the attorney-client relationship. He contends that an actual conflict of interests existed because his trial counsel, William Pearson, previously stood in as guardian ad litem to Appellant’s children in a juvenile case, wherein DHS sought to remove the children from the custody of Appellant and his wife. As proof of the conflict, Appellant relies on an order entered after a preliminary hearing in which the trial judge wrote: “Bill Pearson stood in as guardian ad litem in this hearing. A guardian ad litem needs to be appointed as Craig Cook has a conflict.” Appellant contends that Pearson’s prior representation of Appellant’s children and subsequent representation of Appellant violated Model Rule of Professional Conduct 1.7, which provides in part that an attorney shall not represent a client if such representation will be directly adverse to another client. Appellant contends further that, at a minimum, there was an apparent conflict about which Pearson should have consulted with Appellant and advised him of the legal implications. We find no merit to this argument.

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Jones v. State, 136 S.W.3d 774, 355 Ark. 316, 2003 Ark. LEXIS 660 (Ark. 2003).

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